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by Bruce Miller Updated January 8, 2002 Here's a sample complaint I would use for King County District Court or Superior Court. The language for this complaint was generally obtained from the lawsuits filed by the Washington Attorney General's office and is generally what I use. Download them through this link. Each Court may have different rules for margins, footers, titles, and other related aspects of documents. I study up on the rules to make my documents to conform as much as possible to the local court rules. IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING Bruce Miller, Plaintiff v. Sapmmer, Inc., a Corporation, Defendant, Case #: COMPLAINT FOR INJUNCTIVE AND ADDITIONAL RELIEF UNDER THE UNFAIR BUSINESS PRACTICES--CONSUMER PROTECTION ACT AND THE UNSOLICITED ELECTRONIC MAIL ACT COMES NOW, plaintiff, Bruce Miller, and brings this action against defendant named herein. Plaintiff alleges the following on information and belief: 1. JURISDICTION AND VENUE 1.1 This Complaint is filed and these proceedings are instituted under the provisions of RCW 19.86, the Unfair Business Practices--Consumer Protection Act, and RCW 19.190, the Unsolicited Electronic Mail Act. 1.2 Jurisdiction of the Plaintiff to commence this action is conferred by RCW 19.190.030(2). 1.3 The violations alleged herein have been and are being committed in whole or in part in King County, in the State of Washington by defendant named herein. 2. DEFENDANT 2.1 Defendant Spammer, Inc. is located at [address]. 2.2 Defendant conducts business in Washington through unsolicited commercial electronic mail transmitted through the Internet to Washington residents. 3. NATURE OF TRADE OR COMMERCE 3.1 Defendant sells Viagra. Defendant solicits business using unsolicited electronic mail. 3.2 Defendant sent unsolicited electronic mail to Plaintiff. A copy of the unsolicited electronic mail message received by Plaintiff is appended as Exhibit A. 3.3 The electronic mail message is intended to encourage Plaintiff to purchase Viagra. 3.4 Defendant knows or has reason to know that Plaintiff is a Washington State resident. 3.5 Defendant competes with others in the State of Washington engaged in similar business. 4. CAUSE OF ACTION--MISLEADING SUBJECT FIELD 4.1 Plaintiff realleges Paragraphs 3.1 through 3.5 and incorporates them herein as if set forth in full. 4.2 Electronic mail programs list electronic mail messages by various components in the message header. The common components displayed are: the address in the FROM field, indicating who the message is from; the contents in the SUBJECT field, which describes the content of the message; the address in the TO field, indicating who the message is to. To read the entire message, the user usually must select that message in some manner and command the electronic mail program to display the entire message. 4.3 The purpose of the SUBJECT field in an electronic mail message is to describe the message's text. This enables a computer user to have discretion over whether and when to read the entire text of the message. Emergency or personal messages may take precedence over commercial messages. Similarly, work-related messages may take precedence over commercial messages. 4.4 Defendant's unsolicited electronic mail message contains a misleading SUBJECT field. The SUBJECT field in Defendants' electronic mail message is "HI!". Defendant's SUBJECT is intended to make Plaintiff believe Defendant's e-mail was from someone known to the Plaintiff. Rather than being a personal communication from a friend, Defendant's electronic mail message is an advertisement for Viagra. 4.5 The use of false or misleading information in the SUBJECT field of a commercial electronic mail message violates RCW 19.190.030(1)(b). Pursuant to RCW 19.190.030(2), defendant's violation of RCW 19.190.030(1)(b) constitutes a per se violation of the Consumer Protection Act, RCW 19.86. 4.6 The conduct described above constitutes unfair or deceptive acts or practices in trade or commerce and unfair methods of competition in violation of RCW 19.86.020. 5. CAUSE OF ACTION--INVALID ADDRESS IN FROM FIELD 5.1 Plaintiff realleges Paragraphs 4.1 through 4.6 and incorporates them herein as if set forth in full. 5.2 Electronic mail programs list electronic mail messages by various components in the message header. The common components displayed are: the address in the FROM field, indicating who the message is from; the contents in the SUBJECT field, which describes the content of the message; the address in the TO field, indicating who the message is to. To read the entire message, the user usually must select that message in some manner and command the electronic mail program to display the entire message. 5.3 The purpose of the FROM field in an electronic mail message is to identify the sender of the electronic mail message. This identification helps the recipient of electronic mail decide which messages have priority for reading. Messages from acquaintances may take precedence over commercial messages. Similarly, messages from business associates may take precedence over commercial messages. A valid address in the FROM field also provides a means by which the recipient can verify the source of the information or by which to protest the receipt of unsolicited commercial electronic mail messages. 5.4 Defendant's unsolicited electronic mail message contains an invalid address in the FROM field. The FROM address used by Defendants is "Your.Sweetheart@netcom.com". When Plaintiff responded to Defendants' electronic mail message, the message was returned with a notice stating "User unknown". See Exhibit B. 5.5 The use of false, misleading, or missing information in the FROM field of a commercial electronic mail message violates RCW 19.190.030(1)(b). Pursuant to RCW 19.190.030(2), defendant's violation of RCW 19.190.030(1)(b) constitutes a per se violation of the Consumer Protection Act, RCW 19.86. 5.6 The conduct described above constitutes unfair or deceptive acts or practices in trade or commerce and unfair methods of competition in violation of RCW 19.86.020. 6. PRAYER FOR RELIEF 6.1 Plaintiff, Bruce Miller, prays for relief as follows: 6.2 That the Court adjudge and decree that defendant has engaged in the conduct complained of herein. 6.3 That the Court adjudge and decree that the conduct complained of in Paragraphs 4.4 and 5.3 constitutes violations of the Unsolicited Electronic Mail Act, Chapter 19.190 RCW, and pursuant to RCW 19.190.030(2) constitutes per se violations of the Consumer Protection Act, Chapter 19.86 RCW. 6.4 That the Court adjudge and decree that the conduct complained of in Paragraphs 3.1 through 6.5 constitutes unfair or deceptive acts or practices and unfair methods of competition in violation of the Consumer Protection Act, Chapter 19.86 RCW. 6.5 That the Court issue a permanent injunction enjoining and restraining defendant and his representatives, successors, assigns, officers, agents, servants, employees, and all other persons acting or claiming to act for, on behalf of, or in active concert or participation with defendant from continuing or engaging in the unlawful conduct complained of herein. 6.6 That the Court assess civil penalties, pursuant to 19.190.040(1) of five hundred dollars ($500) per violation against defendant for each and every violation of RCW 19.86.020 caused by the conduct complained of herein. 6.7 That the Court make such orders pursuant to RCW 19.86.080 as it deems appropriate to provide for restitution to Plaintiff of money or property acquired by defendant as a result of the conduct complained of herein. 6.8 That the Court make such orders pursuant to RCW 19.86.080 to provide that Plaintiff have and recover from defendant the costs of this action, including reasonable attorney's fees. 6.9 That the Court order such other relief as it may deem just and proper to fully and effectively dissipate the effects of the conduct complained of herein, or which may otherwise seem proper to the Court. Dated this _____ day of ______________, 1998. _____________________ BRUCE MILLER Plaintiff Exhibit A Attach the spam, with headers. Exhibit B If you send a message to the address in the FROM field and it bounces back, attach that message, with headers. |